If USCIS sends you a Request for Evidence, read the entire notice before gathering documents. Identify every issue, record the deadline and submission method, compare the request with the original filing, and prepare one organized response that addresses each point.
A Request for Evidence, often called an RFE, is not a denial. It means USCIS has determined that the current record does not contain enough evidence to decide whether the applicant or petitioner qualifies for the requested immigration benefit. USCIS may issue an RFE because required evidence is missing, previously submitted evidence is no longer valid, or the officer needs more information.
The Scheer Immigration Law Group helps individuals and families throughout New Jersey review immigration notices, identify missing or disputed evidence, and prepare a response strategy based on the full case record. The firm serves clients from its Morristown office.
USCIS explains the basic reasons for issuing an RFE at:
https://www.uscis.gov/glossary-term/79521
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What a USCIS Request for Evidence Means 
A Request for Evidence is a formal notice connected to a pending immigration application or petition. The notice should identify the case, explain what USCIS considers missing or insufficient, describe evidence that may satisfy the request, provide submission instructions, and state the response deadline.
The issue may involve a single document, such as a birth certificate or certified translation. It may also involve a broader eligibility question, such as whether:
- A marriage is genuine
• A financial sponsor meets the requirements
• An applicant maintained lawful immigration status
• A family relationship has been established
• Professional education or experience meets a visa requirement
• A court record is complete and properly certified
An RFE differs from a Notice of Intent to Deny, commonly called a NOID. An RFE asks for more evidence before USCIS makes a decision. A NOID states that USCIS intends to deny the case unless the response overcomes the concerns described in the notice.
What to Do During the First 24 Hours
Take these steps as soon as you receive the notice:
- Save the complete notice, including every page, envelope, and barcode page
• Confirm the receipt number, form type, names, and A-Number, if listed
• Record the response deadline and the required delivery method
• Download the online notice from your USCIS account, when available
• Locate the original filing, exhibits, translations, receipts, and prior notices
• Create a list of every document and explanation USCIS requests
• Avoid sending a response until you understand the complete notice
The date and submission method in the RFE control. Plan backward from the date USCIS must receive the response.
Do not assume that USCIS will extend the deadline. For a mailed response, arrange delivery several business days before the due date. USCIS guidance states that when the final day for a mailed RFE response falls on a Saturday, Sunday, or federal holiday, a response received by the end of the next business day is considered timely. USCIS considers an electronic response received when it is submitted.
Review the USCIS timely filing guidance at:
https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6
Read the RFE as a Legal Checklist
Many people focus only on the list of suggested documents. The more useful approach is to identify the legal or factual concern behind each request.
Create a working chart with four columns:
- What USCIS says it received
- What USCIS says is missing or insufficient
- What legal requirement USCIS is evaluating
- What evidence or explanation may address that requirement
This process helps you avoid answering one document request while missing a related concern in another paragraph.
For example, an RFE involving Form I-864, Affidavit of Support, may request a tax return. The underlying issue may also involve household size, current income, the sponsor’s immigration status, the calculation of household income, or whether a joint sponsor qualifies. A response that includes only one tax document may not resolve every issue.
Common Reasons USCIS Issues an RFE
The reason depends on the immigration category and the existing case record. Common issues include:
- Missing or incomplete birth, marriage, divorce, or death records
• Foreign-language documents without complete certified English translations
• Affidavit of Support income, tax, domicile, or household-size questions
• Missing medical examination evidence
• Limited evidence of a bona fide marriage
• Inconsistent names, dates, addresses, entries, or employment history
• Missing proof of lawful admission or maintenance of status
• Unclear job duties, credentials, work experience, or employer information
• Missing certified court dispositions
• Illegible, expired, altered, or incomplete documents
• Insufficient evidence of a required family relationship
• Missing signatures, pages, editions, or supporting forms
Applicants pursuing permanent residence from inside the United States can review:
https://www.susanscheerimmigrationlaw.com/adjustment-of-status/
Families responding to questions involving a petition, marriage, parent-child relationship, or sponsorship can review:
https://www.susanscheerimmigrationlaw.com/new-jersey-family-immigration-lawyer/
Our Legal Team
At The Scheer Immigration Law Group in Morristown, NJ, we focus exclusively on immigration law, handling everything from visas and green cards to deportation defense.
With over 25 years of experience, our team is known for delivering knowledgeable, effective representation to clients across the U.S.
Prepare One Complete Response
Federal regulations permit an applicant or petitioner to take one of three actions during the response period:
- Submit a complete response containing the requested information
• Submit a partial response and ask USCIS to decide the case on the existing record
• Withdraw the request for the immigration benefit
A partial response can lead USCIS to decide the case without evidence that might have addressed the remaining concerns. For that reason, you should understand the effect of every unanswered item before submitting a partial response.
The regulation governing RFE responses appears at:
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.2
A complete response should address each numbered item and each concern stated in the notice. Do not assume that you can send part of the evidence before the deadline and add the rest later.
What to Do When a Requested Document Is Unavailable
The correct response depends on the type of document, the country or authority that issues it, and the evidentiary rules for the case. A statement that the document is unavailable may not be enough.
USCIS may require:
- A written statement from the appropriate government or issuing authority confirming that the primary record does not exist or cannot be obtained
• Evidence of repeated, good-faith attempts to obtain the record or the statement of nonavailability
• Acceptable secondary evidence
• Proof that relevant secondary evidence is also unavailable
• Two or more affidavits from people who are not parties to the filing and who have direct personal knowledge of the event, when both primary and secondary evidence are unavailable
USCIS discusses primary evidence, secondary evidence, affidavits, copies, and originals at:
https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-6
Do not substitute a different record without explaining why the requested evidence is unavailable and why the substitute satisfies the applicable requirement.
How to Organize an RFE Response
A well-organized response helps the USCIS officer connect each request with the supporting evidence. A typical response packet may include:
- The original RFE notice or the required barcode page
• A cover letter identifying the form, receipt number, applicant, petitioner, and response date
• A numbered response to every USCIS issue
• A table of contents or exhibit index
• Clearly labeled and separated exhibits
• Certified English translations attached to the corresponding foreign-language records
• Written explanations for unavailable evidence, inconsistencies, or unusual facts
• Proof of delivery or electronic submission
• A complete copy of the response for your records
The cover letter should do more than state that documents are enclosed. It should identify which exhibit responds to each request and explain how the evidence relates to the issue.
Keep every statement factual. Do not guess, exaggerate, or add facts that conflict with earlier forms, interviews, or evidence.
USCIS generally permits legible photocopies unless the notice, form instructions, or applicable rule requires an original. If the RFE asks for an original, follow that instruction. USCIS may deny the benefit request as abandoned, decide the case based on the record, or take both actions when a requested original is not provided by the deadline.
Check the Response Against the Original Filing
Before submission, compare every new statement and document with the forms and evidence already filed. A difference may have an innocent explanation, but it should not be ignored.
Review:
- Names and spelling variations
• Dates of birth, marriage, divorce, residence, and employment
• Entry and departure history
• Prior petitions, applications, and immigration numbers
• Arrests, charges, convictions, and court outcomes
• Tax filing status, income, and household information
• Addresses used on prior forms
• Employment titles, duties, and dates
• Statements made during prior interviews
• Translations of names, places, and civil records
If the original filing contains an error, the response may need to identify the correction and provide a truthful explanation. Quietly changing a fact without explanation may create another credibility concern.
For green card matters, review:
https://www.susanscheerimmigrationlaw.com/new-jersey-green-card-lawyer/
Naturalization applicants who receive a request involving travel, taxes, criminal history, Selective Service, or marital history can review:
https://www.susanscheerimmigrationlaw.com/new-jersey-naturalization-lawyer/
A New Jersey RFE Example
Consider a New Jersey couple with a pending marriage-based adjustment of status case. USCIS requests more evidence of the sponsor’s income and the bona fide marriage.
A focused response may include:
- Updated employment verification
• Recent pay statements
• Required federal tax records
• A corrected household-size calculation
• Joint bank or credit account records
• Lease, mortgage, or housing records
• Insurance policies naming each spouse
• Photographs from different dates and settings
• Travel, correspondence, or family records
• A truthful explanation of any period when the spouses lived apart
Each exhibit should connect to a specific issue in the RFE. A smaller set of relevant, well-labeled evidence may be more useful than hundreds of pages without an index or explanation.
When Legal Review May Be Especially Helpful
Consider speaking with an immigration attorney when:
- The RFE questions basic eligibility
• The notice identifies contradictions, fraud concerns, or credibility issues
• The case involves an arrest, removal order, unlawful presence, or prior denial
• A primary civil record is unavailable
• Financial sponsorship, domicile, or household size is disputed
• USCIS questions whether a marriage or family relationship is genuine
• The response may affect another pending immigration case
• The notice concerns humanitarian relief or protected information
• A prior preparer submitted inaccurate or incomplete forms
• The deadline is approaching
• USCIS issued a NOID rather than an RFE
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What Happens After USCIS Receives the Response
USCIS may update the online case status to show that the response was received. The agency then continues reviewing the application or petition.
The next action may be:
- An approval notice
• An interview notice
• A biometrics or medical-related notice
• Another notice permitted by the case type and governing rules
• A Notice of Intent to Deny
• A denial
An organized response does not guarantee approval. USCIS still decides whether the full record establishes eligibility under the law and the standard that applies to the case.
Keep the delivery receipt, tracking information, online submission confirmation, and a complete copy of the response packet while the case remains pending.
Frequently Asked Questions About USCIS RFEs
Is a Request for Evidence a denial?
No. An RFE means USCIS is requesting more information or evidence before deciding the case. The response must still establish eligibility and address the concerns stated in the notice.
Can I send part of the response now and the rest later?
USCIS regulations permit a partial response, but a partial response asks USCIS to decide the case based on the record available. Do not rely on a later supplement unless the notice and applicable procedures permit it.
Do I need to send original documents?
USCIS generally accepts legible photocopies unless an original is required by the form instructions, regulation, or RFE. Follow the notice when it specifically requests an original.
Can USCIS issue an RFE for evidence that I already submitted?
An RFE may state that evidence is missing even when you believe it was included. Review the complete filing copy and the notice carefully. The response may need to resubmit the document, identify where it appeared in the original filing, or explain why the evidence already satisfies the request.
Should I include documents that USCIS did not list?
The listed documents are often examples rather than the only possible evidence. Your response should focus on evidence that addresses the actual legal and factual concern. Avoid adding unrelated material that makes the response harder to review.
Respond to Your USCIS RFE With a Clear Plan
An RFE gives you a limited opportunity to address USCIS concerns before a decision. The Scheer Immigration Law Group can review the notice, the original filing, your immigration history, and the available evidence, then explain the response options that may apply to your case.
The firm focuses exclusively on immigration law and serves individuals and families throughout New Jersey from its Morristown office.
Call (973) 532-5330 to request a legal consultation, or visit:
https://www.susanscheerimmigrationlaw.com/contact-us/
This article is for informational purposes only. It is not legal advice, does not create an attorney-client relationship, and should not replace advice based on the facts of your case.